REPUBLIC ACT NO.

9775

AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING

PENALTIES THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Short Title. - This Act shall be known as the "Anti-Child Pornography Act of
2009."

Section 2. Declaration of Policy. - The State recognizes the vital role of the youth in nation
building and shall promote and protect their physical, moral, spiritual, intellectual, emotional,
psychologicaland social well-being. Towards this end, the State shall:

(a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty

and other conditions prejudicial to his/her development;

(b) Protect every child from all forms of exploitation and abuse including, but not

limited to:

(1) the use of a child in pornographic performances and materials; and

(2) the inducement or coercion of a child to engage or be involved in

pornography through whatever means; and

(c) Comply with international treaties to which the Philippines is a signatory or a State

party concerning the rights of children which include, but not limited to, the

Convention on the Rights of the Child, the Optional Protocol to the Convention on the

Rights of the Child of the Child on the Sale of Children, Child Prostitution and Child

Pornography, the International Labor Organization (ILO) Convention No.182 on the

Elimination of the Worst Forms of Child Labor and the Convention Against

Transnational Organized Crime.

Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:

(a) To hire, employ, use, persuade, induce or coerce a child to perform in the

creation or production of any form of child pornography;

(b) To produce, direct, manufacture or create any form of child pornography;

(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or

import any form of child pornography;

(d) To possess any form of child pornography with the intent to sell, distribute,

publish, or broadcast: Provided. That possession of three (3) or more articles of child

pornography of the same form shall be prima facie evidence of the intent to sell,

distribute, publish or broadcast;

(e) To knowingly, willfully and intentionally provide a venue for the commission of

prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses

or in establishments purporting to be a legitimate business;

(f) For film distributors, theaters and telecommunication companies, by themselves or

in cooperation with other entities, to distribute any form of child pornography;

(g) For a parent, legal guardian or person having custody or control of a child to

knowingly permit the child to engage, participate or assist in any form of child

pornography;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy

to commit any form of child pornography shall be committed when two (2) or more

persons come to an agreement concerning the commission of any of the said

prohibited acts and decide to commit it; and

(l) To possess any form of child pornography.

Section 15. Penalties and Sanctions. - The following penalties and sanctions are hereby
established for offenses enumerated in this Act:

(a) Any person found guilty of syndicated child pornography as defined in Section 5

of this Act shall suffer the penalty of reclusion perpetua and a fine of not less than

Two million pesos (Php2,000,000.00) but not more than Five million pesos
(Php5,000,000.00);

(b) Any person found guilty of violating Section 4(a), (b) and (c) of this Act shall suffer

the penalty of reclusion temporal in its maximum period and a fine of not less than

One million pesos (Php1,000,000.00) but not more than Two million

(Php2,000,000.00);

(c) Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall suffer

the penalty of reclusion temporal in its medium period and a fine of not less than

Seven hundred fifty thousand pesos (Php750,000.00) but not more than One million

pesos (Php1,000,000.00);

(d) Any person found guilty of violating Section 4(g) of this Act shall suffer the penalty

of reclusion temporal in its minimum period and a fine of not less than Five hundred

thousand pesos (Php500,000.00) but not more than Seven hundred thousand pesos

(Php700,000.00);

(e) Any person found guilty of violating Section 4(h) of this Act shall suffer the penalty

of prision mayor in its maximum period and a fine of not less than Three hundred

thousand pesos (Php300,000.00) but not more than Five hundred thousand pesos

(Php500,000.00);

(f) Any person found guilty of violating Section 4(I) of this Act shall suffer the penalty

of prision mayor in its minimum period and a fine of not less than Three hundred

thousand pesos (php300,000.00) but not more than Five hundred thousand pesos

(Php500,000.00);

(g) Any person found guilty of violating Section 4(j) of this Act shall suffer the penalty

of prision correccional in its maximum period and a fine of not less than Two hundred

thousand pesos (Php200,000.00) but not more than Three hundred thousand pesos

(Php300,000.00);

(h) Any person found guilty of violating Section 4(k) of this Act shall suffer the penalty

of prision correccional in its medium period and a fine of not less than One hundred
thousand pesos (php100,000.00) but not more than Two hundred fifty thousand

pesos (php250,000.00);

(i) Any person found guilty of violating Section 4(l) of this Act shall suffer the penalty

of arresto mayor in its minimum period and a fine of not less than Fifty thousand

pesos (Php50,000.00) but not more than One hundred thousand pesos

(Php100,000.00);

(j) Any person found guilty of violating Section 11 of this Act shall suffer the penalty

of prision correccional in its medium period and a fine of not less than One million

pesos (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) for

the first offense. In the case of a subsequent offense, the penalty shall be a fine not

less than Two million pesos (Php2,000,000.00) but not more than Three million

pesos (Php3,000,000.00) and revocation of its license to operate and immediate

closure of the establishment;

(k) Any ISP found guilty of willfully and knowingly failing to comply with the notice and

installation requirements under Section 9 of this Act shall suffer the penalty of a fine

of not less than Five hundred thousand pesos (Php500,000.00) but not more than

One million pesos (Php1,000,000.00) for the first offense. In case of subsequent

offense, the penalty shall be a fine of not less than One million pesos

(Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) and

revocation of its license to operate;

(l) Any mall owner-operator and owner or lessor of other business establishments

including photo developers, information technology professionals, credit card

companies and banks, found guilty of willfully and knowingly failing to comply with

the notice requirements under Section 10 of this Act shall suffer the penalty of a fine

of not less than One million pesos (Php1,000,000.00) but not more than Two million

pesos (Php2,000,000.00) for the first offense. In the case of a subsequent offense,

the penalty shall be a fine of not less than Two million pesos (Php2,000,000.00) but
not more than Three million pesos (Php3,000,000.00) and revocation of its license to

operate and immediate closure of the establishment; and

(m) Any person found guilty of violating Section 13 of this Act shall suffer the penalty

of arresto mayor in its minimum period and a fine of not less than One hundred

thousand pesos (Php100,000.00) but not more than Three hundred thousand pesos

(Php300,000.00).

Section 18. Mandatory Services to Victims of Child Pornography. - To ensure recovery,

rehabilitation and reintegration into the mainstream of society concerned government
agencies and the LGUs shall make available the following services to victims of any
form of child pornography:

(a) Emergency shelter or appropriate housing;

(b) Counseling;

(c) Free legal services, which shall include information about the victim's rights and

the procedure for filing of complaints, claims for compensation and such other legal

remedies available to them in a language understood by the child;

(d) Medical or psychological services;

(e) Livelihood and skills training; and

(f) Educational assistance.

Sustained supervision and follow through mechanism that will track the progress of recovery,

rehabilitation and reintegration of the child victims shall adopted and carried out.

Section 19. Programs for Victims of Child Pornography.

The Inter-Agency Council Against Child Pornography created under Section 20 of this
Act shall develop and implement the necessary programs that will prevent any form of
child pornography, as well as protect, heal and reintegrate the child into the
mainstream of society. Such programs shall include beat but not limited to the
following:

(a) Provision of mandatory services including counseling free legal services, medical

or psychological services, livelihood and skills training and educational assistance to

the child pursuant to Section 18 of this Act;

(b) Sponsorship of a national research program on any form of child pornography

and other acts covered by the law and the establishment of a data collection system

for monitoring and evaluation purposes;

(c) Provision of necessary technical and material support services to appropriate

government agencies and nongovernmental organizations:

(d) Sponsorship of conferences and seminars to provide venue for consensus

building amongst the public, the academe , government, nongovernmental and

international organizations and

(e) Promotion of information and education campaign.